Anne Bucher  |  September 2, 2015

Category: Closed Class Actions

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This settlement is closed!

Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!

flexible polyurethane foam settlement

Settlements have been reached in a class action lawsuit alleging the producers of flexible polyurethane foam conspired to raise the prices and allocate the market for the foam products. If you purchased a product that contains flexible polyurethane foam, such a couch, mattress or carpet padding, you may be entitled to a cash payment from the class action settlements.

The consolidated foam class action lawsuit (In re: Polyurethane Foam Antitrust Litigation) alleges a price-fixing conspiracy in the flexible polyurethane foam industry that caused indirect purchasers to pay higher prices for products that contain flexible polyurethane foam. The defendants named in the class action lawsuit include Carpenter Co. Domfoam International Inc., FFP Holdings LLC (f/k/a Flexible Foam Products LLC and f/k/a Flexible Foam Products Inc.), FXI Holdings Inc., Foamex International Inc., Future Foam Inc., Hickory Springs Manufacturing Company, Mohawk Industries Inc., Leggett & Platt Inc., Scottdel Inc., Valle Foam Industries Inc., Vitafoam Products Canada Limited, Vitafoam Inc., Woodbridge Foam Corporation, Woodbridge Sales & Engineering Inc., and Woodbridge Foam Fabricating Inc.

In April 2014, the court certified a Class of consumers from 29 states and the District of Columbia who indirectly purchased products containing polyurethane foam from the defendants.

Carpenter, FFP, Future Foam, FXI, Hickory Springs, Leggett, Mohawk, Vitafoam and Woodbridge have agreed to settlements, though they deny the allegations in the foam antitrust class action lawsuit. All nine class action settlements have been preliminarily approved. The settling defendants have agreed to pay a total of $151 million to settle the poly foam class action lawsuit.

If you wish to object to the class action settlement, you must do so no later than Nov. 13, 2015. If you wish to exclude yourself from the flexible polyurethane foam settlement, you must do so no later than Nov. 25, 2015.

UPDATE: On Jan. 27, 2016, an Ohio federal judge granted final approval of the $151.3 million class action lawsuit settlement.

UPDATE #2: As of 5/13/16, the Settlement Administrator has not confirmed that any payments have gone out. The settlement is currently under appeal.  Claims will not be paid until all appeals are exhausted.  Top Class Actions will continue to provide updates as we learn more.  Keep checking back and let us know when you receive a check in the comments section below or on our  Facebook page.

UPDATE #3: On June 21, 2016, the final appeal in the Flexible Polyurethane Foam Indirect Purchaser class action settlement was dismissed.  Several viewers have reported that they’ve been told by the Settlement Administrator to expect payments in Spring 2017.  Top Class Actions will continue to provide updates as we learn more.

UPDATE 4: On June 2, 2017, the settlement website was updated stating that settlement check distribution was anticipated to occur in six to eight weeks.  Top Class Actions will continue to provide updates as we learn more.  Keep checking back and let us know when you receive a check in the comments section below or on our  Facebook page.

UPDATE 5: A motion to distribute settlement funds was was filed with the court on July 10, 2017. On August 3, 2017, the judge filed an order giving class counsel until August 17, 2017 to submit billing records.  Once counsel submits this information, the judge will then take it under review.  It is not known how quickly the court will approve the motion to distribute at this time.  Please keep checking back for updates.  Top Class Actions will let our viewers know as soon as the motion to distribute is approved!

UPDATE 6: On October 30, 2017, the court granted the motion to distribute settlement funds.  The court also granted approval of additional settlement administrator costs, and some additional attorneys’ fees.  It is not known at this time how quickly claims will be paid.  Top Class Actions will let our viewers know as soon as we learn that checks are in the mail!

UPDATE 7: On Nov. 20 2017, Top Class Actions viewers started receiving checks in the mail from the polyfoam indirect purchaser class action settlement worth as much as $234. Congratulations to everyone who filed a valid claim and got PAID!

Who’s Eligible

Class Members of the polyurethane foam class action settlement include anyone who purchased, not for resale, any upholstered furniture (such as a sofa with foam cushions), bedding product (such as a mattress, mattress topper or pillows), or carpet underlay (also known as carpet padding or carpet cushion) containing polyurethane foam that was manufactured in the United States.

To qualify for benefits from the class action settlement, the product must have been purchased between Jan. 1, 1999 and Aug. 1, 2015 in one of the following states:

  • Alabama
  • Arizona
  • California
  • Colorado
  • Florida
  • Hawaii
  • Illinois
  • Iowa
  • Kansas
  • Maine
  • Massachusetts
  • Michigan
  • Minnesota
  • Mississippi
  • Missouri
  • Nebraska
  • Nevada
  • New Hampshire
  • New Mexico
  • New York
  • North Carolina
  • North Dakota
  • Oregon
  • Rhode Island
  • South Dakota
  • Tennessee
  • Vermont
  • West Virginia
  • Wisconsin
  • District of Columbia

 

NOTE: You are included in the Settlement Classes only if you indirectly purchased flexible polyurethane foam, instead of purchasing it directly from one of the defendants. This means that you must have purchased the eligible product from a store or retailer. To qualify for benefits from the class action settlement, the product containing flexible polyurethane foam must not have been purchased for resale.

Potential Award

Varies.

Proof of Purchase

N/A. However, claimants may be asked to provide supporting information or documentation about their purchase.

NOTE: Claimants must provide documentation if their claims total more than $100,000. Documentation should include the product name, date of purchase, state in which it was purchased, and the net purchase amount.

Claim Form Deadline

2/29/2016

Case Name

In re: Polyurethane Foam Antitrust Litigation, MDL No. 2196, in the U.S. District Court for the Northern District of Ohio

Final Hearing

12/15/2015

Settlement Website
Claims Administrator

In re: Polyurethane Foam Antitrust Litigation
c/o A.B. Data Ltd.
P.O. Box 170500
Milwaukee, WI 53217
1-866-302-7323
info@PolyFoamClassAction.com

Class Counsel

Marvin A. Miller
MILLER LAW LLC

Defense Counsel

N/A

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949 thoughts onFlexible Polyurethane Foam Indirect Purchaser Class Action Settlement

  1. DOM COREY says:

    I am an the upholstery business am I able to be included by showing my invoices for foam goods from my suppliers

  2. Mark Zeta says:

    SSN required

  3. Steve says:

    Sammy, evading taxes is probably not the smartest thing to brag about .Just sayin…….

  4. Vickie says:

    I input the amounts (very much below minimum) but it tells me that it is not a valid purchase…..I didn’t claim carpeting b/c I didn’t have that. Help?

    1. Steve says:

      Vickie, did you input you tax id or SSN? I had a sizeable enough purchase to make a claim and it went through fine. Also, there are only 29 states that are part of this suit. Steve

  5. Richard Halvorsen says:

    ASAP

  6. scott says:

    Is this only for businesses I have several pillows a bed and bed topper that I think would qualify.

  7. Carlos says:

    I didnt hear any complaints from your mom.

  8. Carlos says:

    Anthony go change your diaper will ya. Sorry boy born and raised in NJ and not in rhe ghetto such as yourself. Have a nice day.

  9. Rebekah says:

    We need more people that think as Carlos. The fewer the claimants the higher the prorated dollar amount will be for the rest of us.

    1. Latrina cox says:

      Yessss I Agree but the more claimants the less $ for us

  10. Sammy says:

    No chance Im giving them my SSN for tax purposes. Im not paying taxes on a class action rebate, lol.

    1. Tim says:

      Unfortunately for you, Sammy, settlements are fully taxable. If you don`t give your SSN, they`ll probably either deny your claim or simply withhold at the highest taxable rate. In any case, no tax dodging for you.

      1. Sammy says:

        Ive never claimed anything, and Ive been doing class action settlements for many years…. so yes, lots of free money for me Tim, lol.

        1. Tim says:

          Well, Sammy, not everyone can live in the trailer park either, so lucky you.

      2. Jimbo says:

        Yeah, I think all but medical type settlements are taxable. Its good for the govt seeing they get to tax on the money earned to pay for the purchase, then sales tax, then again on the lawyers corporate taxes and lawyers earnings for their fees to do these lawsuits, then the amount that we overpaid the company and similar that usually enriches the price we paid and then again on the settlement amounts. In theory the IRS and states can tax us several times on the same thing over and over. That works out well since they can then all get their pay for the fine job they do in office, when they work hard, you know, those people we elected who like to spend money on expensive toilet seats and bridges to nowhere. Who knows maybe they have really nice toilet seats that are heated, super soft, conform perfectly to each bottom and are gold plated…and the bridge to nowhere actually goes somewhere but no one chooses to go there because of all the politicians that choose to go there.

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